and indebtedness, and his decision shall be final. The expenses of such arbitration, if any shall be required, shall be paid in equal proportion by said counties of Fremont and Custer. cases in courts. 406. SEC. 6. All cases, civil and criminal, now pend- Transfer of ing in the district and county courts of Fremont county, wherein the cause of action occurred in the territory embraced in the new county of Custer, or wherein the defendant or defendants reside therein, shall be, as soon as the officers of the said new county of Custer shall have been duly elected and qualified, transferred by the clerks or judges of said county of Fremont, to the courts of the same jurisdiction for said new county of Custer. 407. SEC. 7. There shall be held annually in the county of Custer, one term of the district court, which shall begin on the last Monday in May in each year; said court and all proceedings therein shall be governed in all respects, by the existing laws regulating and governing the district courts in other counties in this state. Terms of court. 408. SEC. 8. The county of Custer is hereby attached Apportionment. to, and made part of the fourteenth senatorial district, of the third judicial district, and is also hereby attached to the county of Fremont, for representative purposes, and shall so remain until otherwise changed by law. 409. SEC. 9. All acts and parts of acts in conflict with this act are hereby repealed. 410. SEC. 10. As this act should take effect upon its passage, so that the new county may be organized in time to hold a term of court this year, and that the assessor of Custer county may make the annual assessment at the usual time, therefore, in the opinion of this general assembly, an emergency exists, and this act shall take effect immediately. Approved, March 9, 1877. Repeal. Emergency. AN ACT TO ESTABLISH THE COUNTY OF GUNNISON. Be it enacted by the General Assembly of the State of Colorado: 411. SECTION 1. That the county of Gunnison is hereby and boundaries of Gunnison county. Establishment created and established, with the legal capacity and functions of other counties of this state, and with boundaries as follows: commencing at a point on the south line of Lake county, where the said line crosses the summit of the range of mountains forming the water-shed between the waters of the Arkansas river, and of the streams draining westward into the Colorado river, known as the Saguache range; thence northward, along the summit of such range, to the north line of said Lake county; thence due west to the western line of the state; thence south, along the west line of the state, to the point where the north line of the county of Ouray intersects the same; thence east, along the north line of Ouray county, and the north line of Hinsdale county, to the west line of Saguache county; thence north, along said west line to the northwest corner of Saguache county; thence east, along the north line of Saguache county to the place of beginning. 412. SEC. 2. The offices of such officers of the county of Lake, as shall live within the territory embraced in the new county of Gunnison, shall become vacant on the taking effect of this act, and such vacancies shall be filled as provided by law, and the governor is hereby authorized to appoint all the county and precinct officers, for the said county of Gunnison, who shall hold their respective offices until after the next general election in said county, or until their successors are duly elected and qualified according to law. Apportionment of officers. County seat. 413. SEC. 3. Until the county seat shall be located as provided by law, the county court and the county offices shall be held at such place in the county as may be designated by the county commissioners, and at the next general election after the passage of this act, the qualified electors of said county of Gunnison, shall select a county seat for said county by ballot. The county clerk in his notice of said election shall give notice to the electors, to have written or printed upon their ballots, the name of a place for county seat, and the place having a majority of all the votes cast at said election for county seat shall be the county seat of said county. The votes for county seat shall be returned to and canvassed by the same board of canvassers as by law canvasses the votes polled for county officers. 414. SEC. 4. All cases civil or criminal now pending Transfer of in the county court of Lake county wherein the 'cause of cases in courts. action accrued within the territory now embraced within the new county of Gunnison, or wherein the defendant or defendants reside therein, shall be, as soon as said new county of Gunnison is organized, transferred by the clerk or judge of said county court, to the court of like jurisdiction, for said new county of Gunnison, in like manner as is provided for the transfer of causes in counties heretofore attached to others for judicial purposes. 415. SEC. 5. All county records or other county property heretofore belonging in or to the county of Lake, shall be and remain the property of said county. County records. 416. SEC. 6. A transcript of the records of all prop- Transcript of erty situated in the county of Gunnison, shall be furnished records. to the county clerk of said county, by the county clerk of Lake county, upon payment of such fees as provided by law, and such transcript may be entered upon the record books of Gunnison county, and shall be deemed and held to be a good and legal record. 417. SEC. 7. The present indebtedness of the county Apportionment of Lake, shall be apportioned between the counties of Lake of indebtedness. and Gunnison, in proportion to the taxable property in each, as shown by the assessment roll for the year of 1876; and the governor shall have the power to appoint some disinterested person to arbitrate and settle such accounts, whenever notified by the county commissioners of either county of their inability to settle without such arbitration, each county to pay an equal share of the expenses of such arbitration. 8. 418. SEC. The county of Gunnison is hereby attached to the county of Lake for senatorial, representa tive and judicial purposes. 419. SEC. 9. Whereas, it is important that the annual assessment of taxes for the year 1877, in the said county of Gunnison, be made at the time prescribed by law, and other interests of the people inhabiting said county require that this act take effect immediately upon its passage, there Apportionment. Emergency. fore in the opinion of this general assembly an emergency How boundary lines to be determined. Arbitration. Agreements for arbitration to be signed. County lines not AN ACT CONCERNING THE MORE DEFINITE LOCATION OF COUNTY Be it enacted by the General Assembly of the State of Colorado: 421. SEC. 2. When such arbitration is required, the board of county commissioners of each county shall choose one person from their county, and such persons shall select a third person who shall not be a resident of either county, and. such three persons so chosen shall constitute a board of arbitration, for the purposes mentioned in section one of this act. 422. SEC. 3. All counties shall before entering into such arbitration, by their commissioners, sign such agreements as required by law of arbitrations, and the board of arbitrators shall before acting in such capacity, take such oath as prescribed by law. And the expense of survey and arbitration shall be equally borne by each county, to be paid out of the regular county fund. 423. SEC. 4. Nothing in this act shall be construed to to be changed. authorize a change of county lines. Approved, February 23, 1877. CHAPTER XXII. COUNTIES, COUNTY OFFICERS AND COUNTY GOVERNMENT. AN ACT RELATING TO ABSTRACTS FROM COUNTY RECORDS. [Session Laws, 1874.] furnish abstracts -when. 424. SECTION I. That it shall be the duty of the sev-County-clerks to eral county clerks and recorders in this state to make and furnish upon application therefor, abstracts of deeds, powers of attorney, mortgages, releases and all other instruments and muniments of title to real property recorded in their respective counties, which abstract shall set forth a description of the property, the character of the instrument and date of the execution and acknowledgment, the names of the parties to the instrument, the date of record and the page and volume of the record book wherein such instrument is recorded, and such abstract shall be made and furnished by said clerks and recorders to any person who shall make application therefor, and shall pay or tender the fees provided by law, and such abstracts shall be certified by said clerks and recorders under seal of their offices as correct from what appears of record in their office. AN ACT AUTHORIZING COUNTY CLERKS IN THE STATE OF COLORADO sev County clerks are administer oaths authorized to ad- vits and deposi Be it enacted by the General Assembly of the State of Colorado: 426. SEC. 2. That oaths and affirmations, affidavits and and take affida tions. |